COURT CASES

Hawera & Normanby Star, Volume XLII, Issue XLII, 13 April 1922, Page 5

COURT CASES

WHEN NAMES MAY NOT BE

PUBLISHED,

A MAGISTRATE'S COMMENTS,

(By Telegraph—Special to tlie Star.) WELLINGTON, April 13. j In ordering that the publication of I an accused's name should be prohibited, Mr J. S. Evans, S.M., made some I interesting remarks on the law dealing with the subject. Some difference apj pears to exist amongst magistrates as to the administration of this part of the law. "It has been stated by some magistrates that they will not apply this provision at all, and it has been stated by others that they will only apply it to offenders under a certain age. Other rules have been laid down, but none'of these appear to me to be either legal or logical. The view I take of this Act is this: It is part of the statutes of the land and must be applied as every statute in the administration of justice. There are two things, and two things only, which ! should always guide a magistrate in the administration of this part of the law. One is that publicity is a part of the punishment, and the other is that the public is entitled as a right, to have reasonable warning of certain classes of wrongdoers who may victimise the public in the manner set out in a charge. So far as I can see the public has no other right to the publication of a name. It has no right for publication as a matter for local gossip or general scandal. It has a right to be protected and no other right. The rule I am going to lay down is that I shall consider every application made to me and I shall consider it from the facts of the case."